There were 782,038 divorces in the US in 2018.
And according to a 2019 Pew Research study, more Americans between the ages of 18 and 50 cohabitated at some time in their life than were ever married. The number of those relationships that end in a breakup is unknown, but financial conflict was surely part of many of those separations, just as it is in many divorces.
When marriages and love relationships work, they are a source of joy. While many marriages and romantic relationships end amicably enough, others are more acrimonious. When couples split up, one person often learns their spouse engaged in unauthorized financial transactions, hid important information from them about unpaid bills, or overspent on credit cards without the other’s knowledge.
Family law attorneys who confront cases of credit abuse or “coerced credit” should be familiar with the federal laws that protect their clients from being unfairly saddled with involuntary debt from unauthorized transactions. Although the applicable law is somewhat specialized, powerful remedies are often available for divorce and relationship-related identity theft in New York.
You might not associate one spouse’s unauthorized use of the other’s credit card as identity theft, but that is precisely how the law views it. Unless authorized by the account holder, anyone who takes or spends money from another person’s account is impersonating the account holder, whether the user is a stranger or a spouse. Federal law provides valuable protections to people whose soon-to-be former spouses or ex-lovers abused them financially. This form of economic abuse has become so pervasive that every state and territorial legislature is working to amend criminal identity theft statutes so they clearly apply to domestic partners, including a restitution provision.
The key to minimizing the damage you suffer is to act swiftly.
If you follow the steps we outline in this article and you don’t receive satisfaction, contact an experience consumer protection lawyer like Dan Schlanger for help. Attorney Schlanger’s practice focuses on identity theft, credit reporting, and other consumer protection issues. He has devoted his legal career to fighting banks, credit reporting agencies, credit card issuers, debt collectors, and large financial institutions when they fail to follow their obligations to consumers under state and federal law. The law provides for your lawyer’s fee to be paid by the bank or credit issuer if they don’t comply with their obligations.
If you are a general practitioner or family law attorney, Schlanger Law Group LLP is happy to act as a resource and, where appropriate act as co-counsel or take a case on referral.
If you are the victim of domestic violence of any kind, call your local domestic violence hotline for help, or call 1-800-799-7233 from anywhere in the US.
What to do if your spouse used your ATM or debit card without your authorization to withdraw money, make a purchase, or electronically transfer funds from your account without your authorization:
What to do if your spouse used your credit card or opened a credit card account in your name without your authorization:
What to do if the credit reporting bureaus don’t accept your claim or respond inappropriately to your dispute of the fraudulent or unauthorized charge:
If you need help resolving spousal or lover identity theft issues, credit or debit card fraud, or uncooperative bank or credit reporting companies, contact one of the nation’s leading consumer protection law firm at Schlanger Law Group, LLP. Our firm is highly experienced in divorce and relationship-related identity theft and could use that knowledge to help you. Call now.
The Schlanger Law Group accepts referrals from family and domestic law attorneys and can assist with a wide array of consumer protection issues.